The Eastern Interregional Directorate of the State Labor provided an official clarification on remuneration during air alarm if the employee is in shelter.
If a person is unable to work in shelter during anxiety, then it is considered a downtime that is issued in accordance with Article 34 of the Labor Code. In this case, according to Article 113 of the Labor Code, payment should be made at least two -thirds of the tariff rate (salary), unless otherwise provided by the employment or collective agreement.
At the same time, the law allows the employer to set a larger payment - within the estimates of wages. This right is enshrined in the Cabinet of Ministers of Ukraine No. 221 of March 7, 2022.
A special order is valid when it comes to a production situation that is dangerous to the life or health of an employee or environment. In this case, the employee retains the average earnings. This is also provided for in Article 113 of the Labor Code.
If the employee is able to work even with shelter, then there is no reason to design a simple, and work should be paid on general terms.
